Section 7-105.7 - Effect of foreclosure on annual crops.
§ 7-105.7. Effect of foreclosure on annual crops.
(a) Crops remain the property of debtor.- Except as provided in this section, unless the mortgage or deed of trust provides otherwise, if any property is encumbered by a mortgage or deed of trust, annual crops planted or cultivated by any debtor or those claiming under him do not pass with the property at any sale under or by virtue of the mortgage or deed of trust, but the crops remain the property of the debtor or those claiming under him.
(b) Reasonable rent may be established.-
(1) Notwithstanding the provisions of subsection (a) of this section, after the sale, the debtor or those claiming under him and the purchaser or those claiming under him may agree on a reasonable rental of the part of the property occupied by the crops.
(2) This rental is a lien on the crops and continues until paid in favor of the purchaser or those claiming under him, and neither the crops nor any part of them may be removed until after payment.
(3) If the parties are unable to agree on the rental, any party in interest may apply to the court having jurisdiction over the sale or the confirmation of it for the appointment of disinterested appraisers to determine the rental, whose award shall be final.
(c) Distraint; ingress and egress.-
(1) In addition to any other remedy, the purchaser or those claiming under him, on ascertainment of the rent, may distrain for the rent or any part of it remaining due, as in the case of landlord and tenant.
(2) No provision of this section is intended to interfere with the right of the purchaser or those claiming under him to have possession of the property, except as to the part occupied by the crop, with necessary ingress or egress.
[An. Code 1957, art. 21, § 7-105; 1974, ch. 12, § 2; 1976, ch. 272; 1980, chs. 436, 538, 565; 1981, ch. 290; 1983, chs. 563, 602; 1985, chs. 361, 656; 1992, ch. 625; 1993, ch. 113; 1995, ch. 580; 1996, ch. 364; 1998, ch. 21, § 1; 2005, ch. 25, § 13; ch. 509; 2008, chs. 1, 2.]